Central District Consumer Bankruptcy Attorney's Association

I love being corrected and learning something new here every day!
Thank you, Christine
On Mon, Dec 16, 2013 at 10:01 AM, Mark J. Markus wrote:
>
>
> They can be discharged in Chapter 13 I believe, unless that falls under
> 1328 (a)(3).
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
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> On 12/13/2013 10:12 AM, sam@southbaybk.com wrote:
>
> I've had 2 calls this week from people wanting to discharge traffic fines
> that had gone into collection. There is apparently a "traffic ticket
> lawyer" telling people that once the fines are placed with a collection
> company, the fines can be discharged. I disagree, but it got me
> wondering. Anyone have experience with this issue?
>
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
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I love being corrected and learning something new here every day!Thank you, ChristineOn Mon, Dec 16, 2013 at 10:01 AM, Mark J. Markus <bklawr@yahoo.com> wrote:
They can be
discharged in Chapter 13 I believe, unless that falls under 1328
(a)(3).


*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652

The post was migrated from Yahoo.

I haven't tried it, but think there might be an argument that the debt is
discharged if the government agency has sold the debt to a debt collector.
523(a)(7) excepts from discharge debts "to the extent such debt is for a
fine, penalty, or forfeiture *payable to and for the benefit of* a
governmental unit, and is not compensation for actual pecuniary loss..."
If the debt was sold by the governmental unit to a debt collector, then
perhaps it could be argued that the fine or penalty is no longer "payable
to and for the benefit of" the governmental unit. If the debt collector is
only the agent of the governmental unit and the governmental unit is still
the owner of the debt, then I presume the debt would still be
nondischargeable.
I haven't tried it, but think there might be an argument that the debt is discharged if the government agency has sold the debt to a debt collector. 523(a)(7) excepts from discharge debts "to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss..."
If the debt was sold by the governmental unit to a debt collector, then perhaps it could be argued that the fine or penalty is no longer "payable to and for the benefit of" the governmental unit. If the debt collector is only the agent of the governmental unit and the governmental unit is still the owner of the debt, then I presume the debt would still be nondischargeable.

The post was migrated from Yahoo.

Sounds like "traffic ticket lawyer" is "apparently" giving bad advice.
On Fri, Dec 13, 2013 at 10:12 AM, wrote:
>
>
> I've had 2 calls this week from people wanting to discharge traffic fines
> that had gone into collection. There is apparently a "traffic ticket
> lawyer" telling people that once the fines are placed with a collection
> company, the fines can be discharged. I disagree, but it got me
> wondering. Anyone have experience with this issue?
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
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is intended solely for review by the intended recipient(s) and may contain
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PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
communication. If you are not the intended recipient, please contact the
sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained
in this email message, including attachments, is not intended to and cannot
be used by any taxpayer for the purpose of avoiding tax penalties that may
be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
to U.S. Treasury Regulations governing tax practice.)
Sounds like "traffic ticket lawyer" is "apparently" giving bad advice.On Fri, Dec 13, 2013 at 10:12 AM,
The post was migrated from Yahoo.